41 C.F.R. §§ 102-2.60–102-2.110

Consult informally with appropriate GSA program personnel to learn more about how your agency can work within the FMR's requirements instead of deviating from them. The consultation process may also highlight reasons why an agency would not be permitted to deviate from the FMR; e.g., statutory constraints.

Formally request a deviation, if consultations indicate that your agency needs one. The head of your agency or a designated official should write to GSA's Regulatory Secretariat to the attention of a GSA official in the program office that is likely to consider the deviation. (See the FMR bulletin that lists contacts in GSA's program offices and § 102-2.90.) The written request must fully explain the reasons for the deviation, including the benefits that the agency expects to achieve.

Explain your agency's rationale for the deviation. Before it can adequately comment on a potential deviation from the FMR, GSA must know why it is needed. GSA will compare your need against the applicable policies and regulations.

Obtain clarification from GSA as to whether statutes, Executive orders, or other controlling policies, which may not be evident in the regulation, preclude deviating from the FMR for the reasons stated.

The title and citation of the FMR provision from which the agency wishes to deviate;

The name and telephone number of an agency contact who can discuss the reason for the deviation;

The reason for the deviation;

A statement about the expected benefits of using the deviation (to the extent possible, expected benefits should be stated in measurable terms);

A statement about possible use of the deviation in other agencies or Governmentwide; and

For a class deviation, at the end of each twelve-month period from the time you first took the deviation and at the end of the deviation period.